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GENERAL TERMS AND CONDITIONS OF SALE

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ARTICLE 1: INTRODUCTION

These General Terms and Conditions of Sale apply, to the exclusion of all other conditions, to commercial transactions relating to products and services offered for sale through the website www.contractsmastermind.com (the “Website” or “Site”) managed and operated by ADVINCI, (hereinafter referred to as “ADVINCI”), registered with the ECB under number 0841.309.308 and established at the following address: Belgium, 1160 BRUSSELS, Avenue des Volontaires 19.

The purpose of the Website is to sell and promote online training programs in the field of legal education that are exclusively owned under copyright laws by LBS SRL, (hereinafter referred to as “LBS”), registered with the ECB under number 0895.438.276 and established at the following address: Belgium, 1050 BRUSSELS, Louizalaan 500.

AD VINCI is operating as an independent intermediary to promote and to sell the online training programs through the Site.

These General Terms and Conditions of Sale, (hereinafter referred to as “GTC”),  in addition to the Terms of Use (“hereinafter referred to as “TOU”)  governing the use of our Site that you can find on our website, apply to all visitors, registered and unregistered users, customers, business partners and any other individual or entity using the Site and purchasing products or services via the Site.  In the event of any conflict or contradiction between the present TOU and the General Terms and Conditions of Sale that are available on our website, the General Terms and Conditions of Sale shall take precedence. 

They constitute a legal contract between you, as a user of the site, and ADVINCI or if you act as purchaser of the online training programs between you as purchaser and LBS as seller.

By purchasing the online programs and other product or services offered for sale via the Site, You acknowledge that that you have read, understood and agree to be bound by these GTC.

ARTICLE 2 : DEFINITIONS

– “Consumer”: a person who concludes a contract for the provision of one or more products for purposes that cannot be predominantly attributed either to their commercial or self-employed professional occupation.

– “Contract”: any agreement in relation to the purchase of products or services (including but not limited to ‘’Training Courses”) made via the Site.  

– “User(s)”: refers to any person who accesses and uses the Site, regardless of whether or not they are registered on the Site.

– “Training Course(s)”: includes, without limitation, text, images, videos, documents, manuals, information and any other material made available for sale by LBS through the Site.

– “Mark”: any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Site.

– “Personal Data”: means any information relating to an identified or identifiable natural person, as defined in the General Data Protection Regulation (GDPR).

– “Privacy Policy”: refers to the document detailing how Personal Data is collected, processed and stored by ADVINCI, accessible on the Site.

– ‘’We’’: ADVINCI and LBS.

– ‘’You’’: any user of the site or any purchaser of the online programs sold via the Site.

ARTICLE 3: CONDITIONS OF SALE

The services and products offered for sale through the Site are online Training Courses in the field of legal education. Enrolment to the Training Courses is provided after the online payment of the corresponding price as indicated on the Website. LBS and ADVINCI reserve itself the right to suspend or to cancel with immediate effect the enrolment or access to the Training Courses if it occurs that a payment has not been made or that a payment has been made in a fraudulent way.

ARTICLE 4: INTELLECTUAL PROPERTY RIGHTS

The Website managed and operated by ADVINCI is only acting as a reseller of the training but not as a holder of the intellectual property rights in relation to the Training Courses. The provision of training courses by LBS through the Website does not in any way constitute a transfer of copyright or intellectual property rights on behalf of LBS. All material contained in the Training Courses is protected under Belgian copyright law and is the exclusive intellectual property of LBS. It is explicitly forbidden to copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any such content of the Training Courses, nor to distribute any part of this content over any network or social medium, including a local area network, sell or offer it for sale, or use such content to construct any kind of database, blog, article or other source of information without the written authorization of LBS. Any Mark contained or displayed on the Website is proctected under Belgian copyright law and is the exclusive proprietary of LBS and ADVINCI. It is explicitly forbidden to copy, reproduce, distribute, publish, display, perform, modify, create derivative works, transmit, or in any way exploit any Mark, nor to distribute any Mark over any network or social medium, including a local area network, sell or offer it for sale, or use such Mark without the written authorization of LBS and ADVINCI.

ARTICLE 5: RIGHT OF WITHDRAWAL

If you purchase the Training Course(s) acting as a Consumer, you are entitled to the following right of withdrawal. You have the right to withdraw from this Contract within 14(fourteen) calendar days without giving any reason. The withdrawal period will expire after 14 (fourteen) calendar days from the day of the conclusion of the Contract. To exercise your right of withdrawal, you must inform us in writing (LBS SPRL, Louizalaan 500, 1050 Brussels, Belgium, dominique@legalbusinesssolutions.be) of your decision to withdraw from this Contract by an unequivocal statement (e.g. an e-mail or letter sent by post to the address above). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. If you withdraw from this Contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 30 (thirty) calendar days from the day on which we are informed about your decision to withdraw from this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. Your right as Consumer to withdraw expires prematurely after you  had expressly consented to LBS beginning with the performance of the Contract prior to expiry of the withdrawal period, and you had explicitly acknowledged that by your consent through the acceptance of the present GTC, you would lose the right to withdraw from the contract as from the moment the performance of the Contract by LBS had started.

ARTICLE 6 : PRIVACY

All data collected as part of the performance of this contract is processed in accordance with current legislation, both the Belgian law of July 30, 2018 on the protection of individuals with regard to the processing of personal data and the General Data Protection Regulation (RGPD). By making use of our Site and our services, you declare that you have read our privacy policy available on our website and you give your free, specific, informed and unambiguous consent to the processing of your personal data.

ARTICLE 7: DISCLAIMER OF WARRANTIES

THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE, OR THE RESULTS OF USE, OF ANY CONTENT, PRODUCT OR SERVICE CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE WEBSITE INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY SITE OR SERVICE LINKED TO FROM THE WEBSITE (AND SPECIFICALLY NO REPRESENTATION OR WARRANTY OF CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY OR SAFETY).

WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY.

YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.

ARTICLE 8: DISCLAIMER

The content provided on this website, including all training programs, materials, videos, exercises, and quizzes, is for educational and informational purposes only. The Site and its content are not designed or intended to provide legal advice or any other professional advice and should not be relied upon as such. While LBS aims to provide valuable learning experiences that can enhance your understanding of contract law and related subjects, our offerings are not tailored to address specific legal issues you may be facing. While LBS constantly strives to ensure that the information provided through our website and training programs is current and accurate, laws and regulations change frequently, and their application can vary widely based on specific facts and circumstances. LBS can therefore not guarantee the completeness, reliability, or accuracy of any information provided and will not be liable for any inaccuracies, errors, or omissions in the content of the Training Course(s) or other related materials, products and services provided via the Site.

ARTICLE 9:  LIMITATION OF LIABILITY

EXCEPT IN THE EVENT OF FRAUD, WISFULL MISCONDUCT AND INTENTIONAL WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT IN THE EVENT OF FRAUD, WISFULL MISCONDUCT AND INTENTIONAL FAULT OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, SHALL NOT EXCEED THE LESSER OF THE AMOUNT PAID BY YOU, IF ANY, FOR THE RIGHT TO ACCESS OR ENROL TO ANY TRAINING PROGRAM SOLD VIA THE WEBSITE OR EUR 1.000.000 (THOUSAND EUROS).

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

ARTICLE 10:  LITIGATION AND APPLICABLE LAW

The present conditions are governed exclusively by Belgian law with the exclusion of any rules in relation to a conflict of law. In the event of any dispute, the courts of Brussels shall be competent.

 

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